The combined public/work session meeting of the Planning Board of the Township of Mahwah, held at the Municipal Building, 475 Corporate Drive, Mahwah, N.J. was called to order at 8:00 P.M. by Dr. Ross, Chairman. The Opening Statement was read according to the Sunshine Law, followed by the flag salute and roll call.

These minutes are a synopsis of the meeting. A verbatim recording is on file with the Board Secretary at the Planning Board Office, 475 Corporate Drive, Mahwah, N.J. Copies of the recording may be purchased for a fee.

A motion to approve the bills was made by Mr. Lamster and seconded by Mr. Jandris. All in favor.

III. APPROVAL OF MINUTES

A motion to approve the minutes of March 22, 2004 was made by Mr. Lamster and seconded by Mr. Trent. All in favor.

IV. RESOLUTIONS

None

V. OPEN TO THE PUBLIC

A motion to open the meeting to the public was made by Mr. Trent and seconded by Mr. Lamster. All in favor.

A motion to close the meeting to the public was made by Mr. Trent and seconded by Mr. Jandris. All in favor.

VI. PUBLIC HEARINGS

A. E-BD-216-239-370, 14 PATRICK BREM RD. – SOIL MOVEMENT

Notices were in order.

Herb Schlesinger, 29 Church St., Ramsey, N. J. was sworn in. He appeared on behalf of the applicant. He stated that the wetlands line and the buffer lines are noted on the plan as well as the limits of clearing and land disturbance. The soil quantities anticipated are a fill of 1351 cubic yards, a cut of 312 cubic yards and a soil import of 1,039 cubic yards and they intend to get the material from within the development.

Mike Kelly indicated that a waiver is needed for slopes up to 1:3. There are a number of restrictions such as the wetland buffer line, top of bank reservation and stream encroachment line. He addressed these issues and other comments made in his report dated March 30, 2004 and the applicant has agreed to meet these requirements. Mr. Kelly also indicated that a seepage pit will be required.

A motion to open the meeting to the public was made by Mr. Brotherton and seconded by Mr. Trent. All in favor.

A motion to close was made by Mr. Brotherton and seconded by Mr. Trent. All in favor.

Ted Buonocore, Attorney for the applicant appeared before the Board. The application is for a major subdivision approval for Lot 93, Block 173. The original plan was for two lots (Lot 93 & 95). Mr. Buonocore stated that lot 95 is unaffected by the proposed subdivision. They wish to withdraw Lot 95 from the application and proceed underLot 93 for a 6 lot subdivision fully conforming with the ordinances.

Robert Weissman, 686 Midland Ave., Midland Park, N. J. was sworn in. Mr. Weissman has appeared before this Board on other occasions and was accepted as an expert witness.

Mr. Weissman explained the subdivision indicating there would be 6 single family homes created on 6 proposed lots. It would be an extension northerly of Greene Street and there would be an extension of utilities to service the site.

The existing cul-de-sac is proposed to be removed. The property is to be dedicated to the property owners along their frontages if they so choose.

They are exceeding the RSIS Standards. The applicant is requesting a waiver from the installation of sidewalks.

Mr. Weissman referred to the letter dated April 6, 2004 from Mike Kelly and discussed the issues raised by Mr. Kelly.

The applicant agreed to install a berm along the south side of the Subdivision to prevent storm water runoff onto adjacent properties.

Regarding the storm water detention system, Mr. Weissman indicated that they are proposing this system be put in the right of way and maintained by the Township of Mahwah. Mr. Kelly asked that this be the responsibility of the Homeowner’s Association which the Board agreed to and his recommendation is to keep it out of the right of way.

Dr. Ross asked that the applicant extend the cul-de-sac to the northerly property line of Lot 93. The applicant agreed to this. Mr. Kelly recommended they extend the right of way so it would have a full 50 ft. right of way.

The applicant asked for a waiver for grate and invert elevation along with pipe sizes to be provided on the 500 foot drainage map. Mike Kelly indicated that typically the Board does not grant this waiver. The applicant agreed to provide this.

Regarding the soil movement application, the applicant is requesting that all the lots be incorporated in the application.

Mr. Weissman addressed the report from Mr. Burgis. They are proposing an 8 ft. wide berm on proposed lot #6 with staggered planting.

Under questioning by Mr. Kelly regarding the status of the wetlands permits, Mr. Weissman stated that they will be finalized and shown on the next submission.

A motion to open the meeting to the public was made by Mr. Crean and seconded by Mr. Brotherton. All in favor.

The following residents appeared before the Board:

Linda Handschiegel, 11 Greene St. questioned the size of the homes and their value and her concerns about having any water problems when construction begins.

Andrelisa Russo, 6 Greene St. asked about repaving Greene St.

Frank DeMaria, 367 Forest Rd. asked if there was going to be any delineation of the property line.

Ed Sogluizzo, 25 High St. questioned the rear yard setbacks.

Lee Zan, 9 Greene St. had concerns about the cul-de-sac and the size of the homes.She also talked about the sewer hook-ups.

Public Hearing is continued on May 10, 2004.

A motion to close the meeting to the public was made by Mr. Jandris and seconded by Mr. Donigian. All in favor.

VII. WORK SESSION:

A. PROPOSED SOIL ORDINANCE AMENDMENTS

Carried to Meeting of April 26, 2004.

B. COTTONE SUBDIVISION, MATTHEW PLACE DETERMINATION

Herb Schlesinger appeared on behalf of the applicant. There was a discussion to determine whether or not this is a major or minor subdivision. Mr. Schlesinger asked if they could proceed as a major with the condition that they seek waivers from the requirements of a major subdivision.

A Developer’s Agreement would not be needed but the map would have to be filed.